DCIT INTL TAX CIR-4(3) (2) (1), MUMBAI vs. M/S. WIN ON SHIPPING, MUMBAI

ITA 2079/MUM/2021Status: DisposedITAT Mumbai26 October 2022AY 2015-1613 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the failure to submit a TRC for the entire period is not an absolute bar to claiming treaty benefits, provided sufficient evidence of residency is produced. The CIT(A)'s decision to grant the benefit was upheld.

What were the facts?

The assessee, a Dubai-based shipping company, claimed exemption for freight income under the India-UAE DTAA. The Assessing Officer denied this benefit as the Tax Residency Certificate (TRC) provided was not valid for the entire relevant previous year.

What were the issues?

Whether the assessee is eligible for treaty benefits despite not providing a valid TRC for the entire relevant period. Whether Section 90(4) of the Income Tax Act is a bar to claiming treaty benefits.

Which sections of the Income-tax Act were involved?

Section 90(4),Section 143(3),Section 144C(3)

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Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, I BENCH, MUMBAI

Per Rahul Chaudhary, Judicial Member:

1.

By way of the present appeal the Revenue has challenged the order, dated 17.08.2021, passed by the Learned Commissioner of Income Tax (Appeals)-58, Mumbai, [hereinafter referred to as ‗the CIT(A)‘] for the Assessment Year 2015-16, whereby the CIT(A) had allowed the appeal filed by the Assessee against the Assessment Order, dated 11.01.2018, passed under Section Assessment Year: 2015-16

144C(3) read with Section 143(3) of the Act

The order continues below.

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